The Supreme Court on Thursday issued notice to Tamil Nadu government on the Directorate of Enforcement (ED)’s plea seeking transfer of investigation into bribery allegations against an ED officer, arrested by the state’s directorate of vigilance and anti-corruption on charges of bribe, to the CBI.
A bench of justices Surya Kant and KV Viswanathan also suggested the parties for trying to explore a mechanism which should be fair, transparent and which must achieve the ultimate object of a fair investigation so that no suspect goes scot-free.
The top court directed to present all material collected by the State so far by the next date of hearing.
The hearing witnessed an exchange of heated arguments between the lawyers appearing for the ED and Tamil Nadu government.
Appearing for Tamil Nadu government, Senior Advocate Kapil Sibal raised questions on ED’s probe in various matters and commented calling an investigation on the FIRs registered against the minister of BJP-ruled state including the Chief Minister of Assam.
Solicitor General Tushar Mehta, who was representing ED, reacted to Sibal’s submission and called it a political statement. SG Mehta also raised various issues that ED is facing in those state rules by opposition parties.
Lawyers representing the southern state also raised why ED is not probing complaints against ministers in Madhya Pradesh, Gujarat and other BJP ruling states. Senior advocate Kapil Sibal commented that the central agency should probe on the other people that they are not proceeding against.
The court intervened and suggested trying to find out the resolution mechanism and investigations by ED or state agencies are not hampered.
The court also suggested ED and state agencies not to proceed with any investigation in the connected FIR.
The court also remarked that it is not saying whether any one is vindictive and commented that ED’s officers are in all States and what will happen to the country if there is a tit-for-tat reaction.
The court said that the mechanism can be devised and no guilty should go scot free under the veil of counter allegations. The court remarked that the mechanism can then apply in pan India basis.
Solicitor General Tushar Mehta raised that there are state government ministers under the ED’s scanner. Reacting to the statement Senior Advocate Sibal said that the federal structure of the country is being destroyed.
The court remarked that some mechanism has to be evolved so that genuine cases don’t get hampered merely because it is being handled by the central agency and at the same time mala fide investigation won’t take place.
Solicitor General Mehta apprised the court about a state not naming it in public and said that the money is found from a senior official, very closely connected as per the documentary evidence with the sitting Chief Minister. “We (ED) are unable to manually count it. We have to bring machines,” SG said adding further that there is an official circular issue that any officer who receives a summon from ED would not go to ED and answer the questions without approval of the State.
“This is what is going on right now,” he pointed out.
The court suggested some transparent mechanisms where the investigations can commence.
In December last year, the Tamil Nadu Directorate of Vigilance and Anti-Corruption (DVAC) arrested an officer of the ED alleging that he had been caught “red-handed” while accepting a bribe of Rs 20 lakh from a doctor in Dindigul district.
According to TN officials, Ankit Tiwari, along with his team of ED officers, had been threatening several people and receiving bribes in the name of closing their case in the Enforcement Directorate. (ANI)
